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Florida Supreme Court Allows GOP-Drawn Congressional Map for 2026 Midterms Amid Fair Districts Challenge

6/11/2026, 6:59:30 AM

Court Decision Enables GOP Map

In a 6-1 ruling, the Florida Supreme Court declined to issue a temporary injunction against the state’s newly adopted U.S. House districts, stating it lacked jurisdiction while the lower-court appeal proceeds. The order leaves the Republican-crafted map in place for the 2026 midterm elections, effectively greenlighting a plan that could add up to four GOP seats to the current 20-8 delegation.

Legal and Political Background

Florida’s 2010 Fair Districts Amendment (FDA) bans partisan gerrymandering and any districting that dilutes minority voting power. Governor Ron DeSantis, who has appointed six of the seven justices since 2019, pushed the map through a two-day special legislative session on April 29, 2026. The effort follows the U.S. Supreme Court’s decision in *Louisiana v. Callis*, which weakened federal protections for minority-majority districts and encouraged several Republican-led states to pursue mid-decade redistricting.

Key Players and Groups

  • Governor Ron DeSantis (R) – champion of the map and of the court’s ideological shift.
  • Justice Jorge Labarga – lone dissenting justice, warning that the case warrants expedited review.
  • Justice Adam Tanenbaum – wrote a concurrence emphasizing procedural regularity.
  • Circuit Judge Joshua Hawkes – lower-court judge who denied a preliminary injunction.
  • Attorney General James Uthmeier (R) – defended the map in court.
  • Plaintiff coalitions – Equal Ground (Genesis Robinson), Common Cause Florida (Amy Keith), and the Elias Law Group representing voters.

Numbers and Projected Impact

  • Current delegation: 20 Republicans, 8 Democrats.
  • New map could shift the balance to as much as 24-4, giving Republicans up to four additional seats.
  • Under the new plan, 82 % of voters in Republican-held districts remain in the same districts, versus only 41 % for Democratic districts.
  • Plaintiffs describe the plan as “among the most extreme partisan gerrymanders enacted in any state over the past half-century.”

Official Statements & Responses

  • DeSantis hailed the decision as a victory and noted his role in transforming the state Supreme Court from “the most liberal” to “the most conservative” in the nation.
  • Attorney General Uthmeier posted that the ruling was a “complete and total victory.”
  • Justice Tanenbaum argued there is “no need for special treatment” and that the court has historically allowed elections to proceed on contested maps.
  • Justice Labarga criticized the lower court’s delay, asserting that the upcoming 2026 elections meet the urgency threshold for direct Supreme Court review.
  • Judge Hawkes framed the issue as a balance between the FDA’s anti-partisan intent and the Constitution’s Equal Protection guarantee, deeming the former the “lesser of the two evils.”
  • DeSantis’ office maintains that no racial data were used in drawing the districts, while his general counsel, David Axelman, contends the FDA’s racial provision is unconstitutional.

Criticism & Opposition

Equal Ground’s Genesis Robinson called the court’s inaction “an assault on democracy” and an “abdication of its duty.” Amy Keith of Common Cause Florida labeled the districts a “pretty clear partisan gerrymander.” Plaintiffs argue the map violates both the partisan-bias ban and the minority-protection clause of the FDA, and they vow to continue litigation potentially through the 2028 cycle.

Conflicting Reports & Gaps

The Supreme Court’s claim of lacking jurisdiction leaves the substantive constitutional question unresolved. Plaintiffs assert the map breaches the FDA, while the state argues the amendment itself may be invalid under the U.S. Constitution. No final ruling on the merits has been issued, and the timeline for a definitive decision remains uncertain.

Verbatim Quotes

  • “For a second time in fewer than three years, in a substantively similar context, the district court has elected a path of delayed appellate review,” — Justice Jorge Labarga, Florida Supreme Court
  • “this court in the past has allowed congressional elections to move forward on redistricting plans that have been declared, directly or indirectly, to be unconstitutional.” — Justice Adam Tanenbaum, Florida Supreme Court
  • “To the extent the Court has to balance Florida’s FDA prohibition of improper partisan intent and the United States Constitution’s Equal Protection guarantees, it seems clear that the potential partisan intent is the lesser of the two evils,” — Judge Joshua Hawkes
  • “Let’s be clear, the Florida Supreme Court’s failure to stop this brazen partisan power grab is not only an assault on democracy, but an abdication of its duty to the people of Florida,” — Genesis Robinson, Equal Ground
  • “a pretty clear partisan gerrymander,” — Amy Keith, Common Cause Florida
  • “Now I’ve put six [justices] on and we have the most conservative supreme court in the country.” — Governor Ron DeSantis

What’s Next

The plaintiffs have appealed the Supreme Court’s jurisdictional ruling and plan to press the case through the appellate system, potentially extending litigation into the 2028 election cycle. The Florida Supreme Court may eventually address the merits of the FDA challenge, and any future decision could reshape redistricting standards statewide.